Bell v. State (2004)

In Bell v. State, 176 S.W.3d 90 (Tex. App.-Houston 2004, no pet.), the witness testified that the third-party documents were kept in the regular course of the witness's business. Id. at 93. The court in Bell heard evidence from the sponsoring witness, who stated that the letters were received from the first business at or near the time of the trailer's disappearance, the letters were received in response to the second business's communications to the first business concerning the second business, and the second business relied on the letters to show that its liability for the missing tractor had been settled. Id. A document authored or created by a third party may be admissible as business records of a different business if: (a) the document is incorporated and kept in the course of the testifying witness's business; (b) that business typically relies upon the accuracy of the contents of the document; (c) the circumstances otherwise indicate the trustworthiness of the document. Bell, 176 S.W.3d at 92